California Courts of Appeal,
Criminal
Dec. 9, 2020
Legal pot isn’t probable cause for a vehicle search
An appellate court recently ruled that the plain language of the law prevents the presence of marijuana, by itself, from constituting probable cause to search a vehicle.
On Sept. 3, 2018, defendant and appellant Dontaye T. Hall was driving in the San Francisco area when he was pulled over for a nonoperational license plate lamp. Officer Steve Colgan testified at Hall's preliminary hearing that as he approached the vehicle, he observed a clear plastic baggie containing a leafy green substance he believed to be marijuana in the center console. He also observed an ashtray filled with ashes and burnt cigar wrappers commonly used to roll m...
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